Monday, March 30, 2015

Holyland II and Talansky II: Where are the judgments, pertaining to Defendant Olmert?

Pic: Former PM Olmert and his secretary Shula Zaken are at the center of numerous corruption affairs.___________

A. Former PM Olmert was convicted today in the Talansky corruption trial... Really?

Israeli
media today reported the former PM Olmert was convicted in the
Jerusalem court in a corruption trial. As usual, Israeli media report
from the courtroom. However, inspection of the Court's IT-system,
Net-HaMishpat, shows that whereas the previous judgments in this case
were duly registered, today's Judgment is not registered as of 20:00.

If
today's judgment is not be duly registered over the next couple of
weeks, a Request to Inspect court records will be filed...

Pic:
The "Judgments" tab in Net-HaMishpat, IT-system of the Israeli courts,
fails to show today's conviction of former PM Olmert in the Talansky
corruption scandal.

In
competent courts, court procedures include clear provisions regarding
the registration of judgments, as a key procedure in Fair Hearing/Due
Process.

Usually, court procedures provide:

* That the Clerk of the Court must maintain an Index of Judgments, or a Judgment Book.

* That the Clerk of the Court must enter and register judgments immediately after being ordered by the court.

* That the Clerk of the Court must serve a "Notice of Entry of Judgment" on the parties in the case.

* That the registration of judgments be accessible to the public.

In Israel, on the other hand:

* There are no lawfully appointed Chief Clerks in the courts for over a decade.

* Supreme Court Justice Solberg recently ruled that one cannot tell a judgment by its title...

*
The Administration of Courts refuses to answer on a Freedom of
Information request: Does the listing of a court record under the
"Judgments" tab in Net-HaMishpat - IT system of the courts - indicate
that it is indeed a "Judgment"?

*
The Ombudsman of the Judiciary Annual Report (2012) documents that in
Israel today, judges do not consider the reading of a decision or a
judgment in open court binding...

The
resulting situation - vague and ambiguous court records - is a serious
violation of Human Rights, and should surely be considered a clear
indication of corruption of the Israeli courts.

C. Shell-game Fraud

Under
such circumstances Israeli judges today play with court records
"shell-game fraud" on the public and parties in court. The game is
often described as gambling, but in fact, most times, when money is
waged, it is fraud. This type of fraud is called by professionals a
"Confidence Trick".

Similarly,
the Israeli public and parties in the Israeli courts are confident that
if a judge reads a decision or judgment in open court, it is binding,
and that corresponding court records exist and are duly registered...
Which is not the case in Israel...

The
same conditions prevail in former PM Olmert's Holyland corruption trial
in the Tel-Aviv District Court, where Judge David Rosen read in open
court Olmert's verdict and sentence (six years prison term, of which he
hasn't so far served a day) about a year ago.

Olmert's judgment records in the Holyland corruption trial are nowhere to be found.

Therefore,
earlier this month a Request to Inspect Olmert's judgment records was
filed with Judge David Rosen. In Israel, there is no right of the public
to access court records - one must make a request to inspect with the
judge holding the court file.

In
response, Judge Rosen issued on March 18, 2015 an unsigned,
unauthenticated "Post-it" decision, stating that he is unable to grant
to request, since the "physical court file" was moved to the Supreme
Court, as part of the appeal process.

The
response is incredible. In fact, it must lead to the conclusion, that
in a court that is electronically administered, there is neither an
electronic copy, nor electronic registration of Olmert's judgment
records in the Holyland corruption trial...

Three follow up requests were filed in the Tel-Aviv District Court on March 29, 2015, in an effort to clarify Judge Rosen's
March 18, 2015 decision on the Request to Inspect and the disposition
of former PM Olmert's judgment records in the Holyland corruption
trial:

1)2015-03-29 State of Israel v Zerni (10291-01-12) in the Tel-Aviv District Court: Request (#299) for Authentication of March 18, 2015 Decision on Request (#298) to Inspect judgments

2015-03-30 US: March to martial law? The US is already there!================With NDDA (suspension of habeas corpus) and presidential license to kill, anybody, who writes about "march to martial law" is in self-denial! jz_________________

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11-12-10 Where should Occupy go next? Civil Disobedience in the footsteps of Thoreau and Gandhi!http:// www.scribd.com/doc/75348301/12-06-08 Courts and Judges as racketeering enterprises under RICO (the Racketeer Influenced and Corrupt Organizations Act) - key element in the current financial crisishttp://www.scribd.com/doc/96504009/Secede! The US in its current form is simply unmanageable...

What did the experts say?

* דוח סייג לזכויות האדם נכלל בדוח התקופתי של האו"ם לגבי זכויות האדם בישראל (2013), בלוויית ההערה: "חוסר יושרה בכתבים האלקטרוניים של בית המשפט העליון, בתי המשפט המחוזיים, ובתי הדין למוחזקי משמורת בישראל".* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2010 Periodic Review Report regarding Humnan Rights in the United States, with the note: "corruption of the courts and the legal profession and discrimination by law enforcement in California".* The Human Rights Alert (NGO) submission to the Human Rights Council of the United Nations was incorporated into the 2013 Periodic Review Report regarding Humnan Rights in Israel, with the note: "lack of integrity of the electronic records of the Supreme Court, the district courts and the detainees courts in Israel."

The United States

* "...it's difficult to find a fraud of this size on the U.S. court system in U.S. history... where you have literally tens of thousands of fraudulent documents filed in tens of thousands of cases." Raymond Brescia, a visiting professor at Yale Law School

* Los Angeles County is"the epicenter of the epidemic of real estate and mortgage fraud."FBI (2004)

* “…judges tried and sentenced a staggering number of people for crimes they did not commit."Prof David Burcham, Loyola Law School, LA (2000)

* “This is conduct associated with the most repressive dictators and police states… and judges must share responsibility when innocent people are convicted.”Prof Erwin Chemerinksy, Irvine Law School (2000)

[1] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States, where Human Rights Alert (NGO) submission was incorporated with a note referring to "corruption of the courts and the legal profession and discrimination by law enforcement in California."http://www.scribd.com/doc/38566837/http://www.scribd.com/doc/108663259/